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Dickinson Wright is a full-service law firm with more than 475 lawyers serving clients from 19 offices across the United States and Canada, our attorneys cover over 40 practice areas and industries. We have a proud history of diversity and inclusion, client service, and a tradition of excellence. Our lawyers are sophisticated, versatile, and accessible, providing practical advice while vigorously advocating to achieve clients’ objectives. We pride ourselves on offering top-tier service at competitive rates.
#METOO 5 Years Later - How The States Took Over The Narrative
Although the COVID-19 pandemic has occupied a preeminent place in all of our minds for the past two years, it was not that long ago that the #MeToo movement swept the nation, forcing employers and employees to examine new—yet somehow also old—issues of discrimination, retaliation, and harassment in the workplace.
Yes, CBD Registers On A Drug Screen As THC And, Yes, You Can Be Terminated For It
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen as THC, and can employees be terminated for using it? Second, is an employer test for prescription drugs an illegal medical inquiry in violation of disability laws?
Expediting Examination - Pre-Assessment Letters
The Canadian Trademarks Office (TMO) has taken several steps to reduce the backlog of trademark applications awaiting examination that now exceeds 39 months for national applications.
Operators, Start Your Engines; But Beware of Sanctions
Less than a month has passed since the launch of the regulated iGaming market in Ontario, and the Ontario regulator has already handed down its first pair of penalties. On Tuesday, May 3, 2022, the Alcohol and Gaming Commission of Ontario announced its first two monetary penalties to iGaming Operators – both stemming from alleged failures to comply with advertising and marketing Standard 2.05.
UPDATE: FEC Candidate Loan Repayment Limitation Ruled Unconstitutional in Supreme Court Decision
On May 16, 2022, the United States Supreme Court ruled that limiting the repayment of candidate loans to their own campaign to $250,000 (codified under 52 U.S.C. § 30116(j)) is unconstitutional. The Plaintiffs, Ted Cruz for Senate and Senator Ted Cruz, filed suit against the Federal Election Commission (“FEC”), stating that the repayment limitation unconstitutionally infringes the First Amendment rights of the Senator, the Campaign, and any individuals who might seek to make post-election contributions.
Using The New Group Health Plan Fee Disclosure Rules To Reduce Plan Costs
Like a 401(k) plan, a group health plan must comply with ERISA’s rule that prohibits a plan fiduciary from paying more than a reasonable amount for services provided to the plan. When a group health plan offers insured benefits, service providers may receive a commission from the insurance company instead of direct payment from the plan sponsor or group health plan. Such a financial arrangement makes it difficult for the plan fiduciary to know what it has paid for the advisor’s services.
Employers, Employees, & HIPAA, Oh My!
Oftentimes, healthcare entities’ employees are also patients of the healthcare entity, creating a dual role as employer and employee as well as doctor and patient. But what can an employer do when they need to access an employee’s medical records? Are these medical records treated differently than non-employee patients? Throughout the last few years, we have seen an increasing number of healthcare entities with these exact questions.
Five Tips For Making Spring Break An Actual "Break"
We all know that divorce is difficult. If you have ever traveled with young children, you also know that Spring Break can be difficult. Combine the two, and it can be a whirlwind of stress for a recently divorced parent.
Court Strikes Down Portions Of Federal Regulations Concerning No Surprises Act
The Michigan law, known as the Surprise Medical Billing Law, has been in effect since last year. The Federal law, known as the No Surprises Act, took effect on January 1, 2022.
Form I-9 Alert - USCIS Designates I-94S With New Admission Codes For E And L Spouses As List C Documents… What?
After the United States (U.S.) Citizenship and Immigration Services (USCIS) recognized that E and L nonimmigrant spouses are entitled to work in the U.S. “incident to status” on November 12, 2021, a new Category of Admission (COA) codes were created for use in issuing Forms I-94.
Featured Stories
Schedule A I-140: Fast-Track Green Card for Nurses and Physical Therapists
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
SCOTUS to Warhol Foundation: Your Use of Previously Licensed Work Isn't Fair
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
New Washington Law Regulates Warehouse Distribution Center Worker Quotas
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
Congress Adds AKS and Stark Law Exceptions for Certain Wellness Programs
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
Texas Approves SB 14 Prohibiting Gender-Affirming Care for Minors
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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